Jay W. Freiberg
Top rated Estate & Trust Litigation attorney in New York, New York
Elman Freiberg PLLC
Practice areas: Estate & Trust Litigation; view more
Licensed in New York since: 1994
Education: The George Washington University Law School
Selected to Super Lawyers: 2020 - 2026 Call today:
646-780-8100
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Attorney Jay W. Freiberg is a partner with the Elman Freiberg PLLC law firm in New York, New York. A top-ranked lawyer with more than 25 years of total legal experience, Jay is laser-focused on efficiently obtaining wins for his clients, who hire him for his seasoned and sound judgment in dispute resolution both in and out of the courtroom. A trusted counselor, he has deep expertise representing all types of stakeholders in sophisticated and complex trust and estate disputes. Jay has significant experience litigating all manner of breach of fiduciary duty actions, trustee accountings and removal proceedings, and Will contests and other contested probate matters. As part of this practice, he counsels private clients in potentially contentious business and personal matters regarding, among other areas, closely-held businesses, real estate and tax. Jay’s practice also includes guardianship actions and other contested elder law matters. A carefully aggressive advocate — honed over many years of focusing solely on private client litigation — Jay’s clients look to him for their thorniest matters.
Jay is well-known in his field, and often speaks and writes on fiduciary litigation topics, including undue influence, no contest clauses, accountings, and fiduciary risk mitigation. Jay is a Fellow in the peer-elected American College of Trust and Estate Counsel (ACTEC). He is the chairperson of the Litigation Committee of Trusts & Estates magazine. The chairperson of the Steering Committee for the Cambridge Forum on Private Wealth Litigation. And Jay’s practice is Chambers rated.
For many years Jay was an adjunct professor at Fordham University School of Law, where he taught legal writing. And he served as a law clerk for the Honorable Diane Weiss Sigmund, judge for the US Bankruptcy Court in the Eastern District of Pennsylvania.
Jay resides in Manhattan with his wife (he’s a recent empty-nester). When not with his family or in the office, he can be found training for his next race. Jay is a veteran of numerous road races and triathlons and, on happy occasion, makes the podium.
Practice areas
Estate & Trust LitigationFocus areas
Will Contests
- 100% Estate & Trust Litigation
First Admitted: 1994, New York
Professional Webpage: https://ef-law.com/bio/jay-freiberg/
Bar / Professional Activity
- Chairperson, Steering Committee, Cambridge Forum on Private Wealth Litigation
- Recognized by New York Law Journal and New York Magazine as a Top-Rated Trusts and Estates Lawyer
- Fellow, The American College of Trust and Estate Counsel
- Chairperson, Litigation Committee, Trusts & Estates magazine
- American Bar Association, Real Property, Trusts and Estates Law Section, Probate & Fiduciary Litigation Committee
- New York State Bar Association, Commercial and Federal Litigation Section, Trusts and Estates Law Section, Litigation Committee
- New York City Bar, Trusts, Estates & Surrogate's Courts Committee
- Yale Club Insurance Group
Educational Background
- Binghamton University, State University of New York (B.A., History)
Scholarly Lectures / Writings
- UAGPPJA States | ACTEC Annual Meeting, Tampa, Florida (March 2026), Presenter, UAGPPJA States, ACTEC Annual Meeting, Estate & Trust Litigation, 2026
- The Power, and Pitfalls, of a Fiduciary Indemnity | ACTEC Fiduciary Committee, Austin, Texas (October 2025), Presenter, The Power, and Pitfalls, of a Fiduciary Indemnity, ACTEC Fiduciary Committee, Estate & Trust Litigation, 2025
- Indemnification—the Teeth of a Fiduciary Release | Representing Estate and Trust Beneficiaries and Fiduciaries 2025, ACTEC/ALI CLE Webinar (March 2025), Presenter, Indemnification—the Teeth of a Fiduciary Release, Representing Estate and Trust Beneficiaries and Fiduciaries 2025, ACTEC/ALI CLE Webinar, Estate & Trust Litigation, 2025
- Author | The Two-Hatted Fiduciary | Trusts & Estates Magazine (December 2024), Author, The Two-Hatted Fiduciary, Trusts & Estates Magazine, Estate & Trust Litigation, 2024
- Practical Considerations When Asked to Serve as a Fiduciary | Estate Planning Council – Estate Planners Day (May 2024), Presenter, Practical Considerations When Asked to Serve as a Fiduciary, Estate Planning Council – Estate Planners Day, Estate & Trust Litigation, 2024
- Fiduciary Exception to the Attorney-Client Privilege | ACTEC Annual Meeting, Phoenix, Arizona (March, 2024), Presenter, Fiduciary Exception to the Attorney-Client Privilege, ACTEC Annual Meeting, Phoenix, Arizona, Estate & Trust Litigation, 2024
- Progressive or Regressive - Some contrarian questions about new-fangled trust codes (December 2023), Author, Progressive or Regressive - Some contrarian questions about new-fangled trust codes, Trusts & Estates Magazine, Estate & Trust Litigation, 2023
- How Can You Lose What You Never Really Had? Defending and Attacking Fiduciary Assertions of Privilege | Cambridge Forum on Private Wealth Litigation (April 2023), Presenter, How Can You Lose What You Never Really Had? Defending and Attacking Fiduciary Assertions of Privilege, Cambridge Forum on Private Wealth Litigation, Estate & Trust Litigation, 2023
- Trusts Gone Awry | YPO Big Apple Gold Family Office & Financial Services Seminar (May 2023), Presenter, Trusts Gone Awry, YPO Big Apple Gold Family Office & Financial Services Seminar, Estate & Trust Litigation, 2023
- Fiduciary Accounting Challenges | Estate Planning Council of New York City (May 2023), Presenter, Fiduciary Accounting Challenges, Estate Planning Council of New York City, Estate & Trust Litigation, 2023
- To Seek a Court’s Advice and Direction, or Not to Seek, That is the Question (December 2022), Author, To Seek a Court’s Advice and Direction, or Not to Seek, That is the Question, Trusts & Estates Magazine, Estate & Trust Litigation, 2022
- A Primer on Estate and Probate Administration (August 2022), Presenter, A Primer on Estate and Probate Administration, New York City Bar CLE, Estate & Trust Litigation, 2022
- The Probate Exception – We’re Not Just in State Court Anymore (May 2022), Author, The Probate Exception – We’re Not Just in State Court Anymore, Trusts & Estates Magazine, Estate & Trust Litigation, 2022
- Trust Owned Businesses – Who’s the Boss? (May 2022), Presenter, Trust Owned Businesses – Who’s the Boss?, Cambridge Forum on Private Wealth Litigation, Estate & Trust Litigation, 2022
- A Primer on the Trustee Intake Process (And Beyond) From a Litigator’s Point of View (November 2021), Presenter, A Primer on the Trustee Intake Process (And Beyond) From a Litigator’s Point of View, Trusts & Estates Virtual Forum, Estate & Trust Litigation, 2021
- Avoiding Litigation in Directed Trusts (October 2021), Presenter, Avoiding Litigation in Directed Trusts, South Dakota Trust Association Fall Forum, Estate & Trust Litigation, 2021
- When an In Terrorem Hits the Interstate (May 2021), Author, When an In Terrorem Hits the Interstate, Trusts & Estates Magazine, Estate & Trust Litigation, 2021
- Wealth Advisors as Life Insurance Trustee—a Good Idea? (Vol. 54, No. 2), Author, Wealth Advisors as Life Insurance Trustee—a Good Idea?, NYBA Trusts and Estates Law Section Journal, Estate & Trust Litigation, 2021
- Litigation Avoidance Techniques For CPA’s Serving As Trustees (December 2020) , Presenter, Litigation Avoidance Techniques For CPA’s Serving As Trustees, New York State Society of CPA’s, Estate & Trust Litigation, 2020
- Litigating an Undue Influence Case (December 2020), Author, Litigating an Undue Influence Case, Trusts & Estates Magazine, Estate & Trust Litigation, 2020
- Trust Assets in Divorce Proceedings: Within Reach or a Bridge too Far? (October 2020), Presenter, Trust Assets in Divorce Proceedings: Within Reach or a Bridge too Far?, American Bar Association Family Law Section | 2020 Fall CLE Conference, Estate & Trust Litigation, 2020
- The Fuzzy Line Between Influence and Undue Influence (September 2020), Presenter, The Fuzzy Line Between Influence and Undue Influence, Cambridge Forum on Private Wealth Litigation, Estate & Trust Litigation, 2020
- Litigating Trust and Estate Disputes in Florida v. New York (March 2020), Presenter, Litigating Trust and Estate Disputes in Florida v. New York, Palm Beach County Bar Association CLE, Estate & Trust Litigation, 2020
- Joint Representations: Efficient, but at What Cost? (April 2019), Presenter, Joint Representations: Efficient, but at What Cost?, Cambridge Forum on Private Wealth Litigation, Estate & Trust Litigation, 2019
- Litigation Avoidance for Trustees (January 2019), Presenter, Litigation Avoidance for Trustees, Estate Planning Council of New York City, Estate & Trust Litigation, 2019
- What Do I Say When A Client Asks Me To Serve As A Trustee (Fall / Winter 2018), Author, What Do I Say When A Client Asks Me To Serve As A Trustee, New York State Bar Association One on One, Estate & Trust Litigation, 2018
Honors
- "Elman Freiberg PLLC is a boutique firm which handles an impressive range of trusts and estate litigation.", Recognized by Chambers and Partners for New York Trusts & Estates, Chambers and Partners Regional Spotlight 2024, 2023
- Recognized by Super Lawyers for Estate & Trust Litigation
Industry Groups
- Private Clients
These comments were made by fellow attorneys during the annual nomination process.
“Excellent trust and estates litigator and pleasure to work with”
“Terrific attorney. Forward looking legal strategies.”
Selections
- Super Lawyers: 2020 - 2026
